Policy & Regulation

In Which We Explore the Federal Laws that Apply to Cyberstalking

Tragedies frequently result in flurries of legal activity. Last years witnessed the Myspace tragedy in which a 13 year old girl committing suicide. Unfortunately stalking laws have been clumsy tools that are difficult if not impossible for law enforcement officials to wield. Where existing laws respond poorly to tragedies, the option behind Door Number One is to enact a new law, and the option behind Door Number Two is to argue for a reinterpretation of current law that would somehow miraculously shoehorn the tragedy into the law. Unlike game shows, legal contestants can pick both doors -- which is what happened in this case. more

Beyond Limitations and What Good It Would Do to ICANN to Operate from Abundance

The ICANN community is conservative. A considerable number of dedicated ICANN volunteers from various constituencies believe that ICANN should follow the unusual logic of limiting its revenues to the levels of its CURRENT estimates of expenditure. The Board, acting on the advise of the ICANN community brought down the ICANN transaction fee per domain name from 25 cents to 16 cents and in the case of numbers, for various reasons the Address Registry fees that it collects from the Regional Internet Registries have been historically kept at a negligibly low level. more

ICANN 53: Accountability, Brand Policy & New Round of New gTLDs

In June, MarkMonitor joined our colleagues once again at the Internet Corporation of Assigned Names and Numbers (ICANN) 53rd public meeting in Buenos Aires, Argentina. Several high-profile and contentious issues were on the agenda, many of which have significant impact on the interests of intellectual property and brand owners. Among these are the ongoing ICANN Accountability issues and the impending departure of ICANN CEO Fadi Chehadé; registrant information (Whois) transparency, accuracy and accessibility; and the timing of the next round of new gTLD applications/delegation. more

ICANN 51 Focus: Making ICANN Directly Accountable to the Broader Internet Community

ICANN 51 taking place in Los Angeles this week may not have its customary evening Gala, but it opened with rousing remarks by U.S. Secretary of Commerce Penny Pritzker in the first-ever ICANN appearance of the head of the Cabinet agency from which it was born and which has exercised continuous oversight of its key IANA functions. The themes of the growing importance of Internet Governance and the U.S. government's steadfast commitment to defense of the multistakeholder model, as well as the connection between maintenance of an open Internet and fostering free speech and economic growth, were key elements of Secretary Pritzker's address. more

History is Written and Revised by the Winners - Can the Internet Archive Change That?

I was naively optimistic in the early days of the Internet, assuming that it would enhance democracy while providing "big data" for historians. My first taste of that came during the Soviet coup attempt of 1991 when I worked with colleagues to create an archive of the network traffic in, out and within the Soviet Union. That traffic flowed through a computer called "Kremvax," operated by RELCOM, a Russian software company. The content of that archive was not generated by the government or the establishment media -- it was citizen journalism... more

Cuba Testing 3G Internet Access

ETECSA, Cuba's monopoly ISP, has been running free tests of their forthcoming mobile access. It seems that the latest test is over for now, but Andy Garcia (@Dancuba96) ran a speed test before it ended... ETECSA has not announced when commercial 3G service will commence, where it will be available at first and what it will cost, but the following image at the start of the @ETECSA_Cuba Twitter page suggests that service will begin soon they are serious about mobile #Internet access. more

Crypto War III: Assurance

For decades, academics and technologists have sparred with the government over access to crypographic technology. In the 1970s, when crypto started to become an academic discipline, the NSA was worried, fearing that they'd lose the ability to read other countries' traffic. And they acted. For example, they exerted pressure to weaken DES... The Second Crypto War, in the 1990s, is better known today, with the battles over the Clipper Chip, export rules, etc. more

The Internet and the Legitimacy of Governments

In two recent debate events I participated in, on iFreedom and privacy in the online world, mistrust of government and government's intentions and motivations on and towards the Internet were abundantly present with more than just a few people in the audiences. The emotions were not new to me, no, it was the rationality that surprised and sometimes almost shocked me. Why? Well, should these sentiments get the support of the majority of people, it would undermine all legitimacy of a government to govern. Let's try and take a closer look. more

AT&T CTO Donovan: We Need Non-Discrimination

"Outside applications need to be on an equal footing with our own applications," John Donovan said at a SUPERCOMM keynote here in Chicago. "My jaw dropped," one of his colleagues told me a few minutes later, because this is a reversal of AT&T's long-standing position they needed to be able to favor their own applications. AT&T D.C. needs to listen closely to their own CTO, because they are throwing everything they have in D.C. at preventing "non-discrimination" being included in the FCC Net Neutrality regulations. more

The Next Network Policy Battle

I've said it before, and I'll say it again. The biggest threat to the Internet innovation ecosystem from network operators is not discrimination but terms of interconnection. Metered billing, bandwidth caps, and wholesale transit fees can all be implemented consistently with net neutrality rules. And in practice, net neutrality will be limited to "legal" content... more

IRMA Threatens Irish ISPs

I don't want to get into the entire Irish Recorded Music Association (IRMA) vs Eircom and IRMA vs ISPs debacle. The only reason I'm even writing this is because I'm getting a bit tired of all the "quotes" of "quotes" and other unclear and misleading things that people have been saying about ISPs over the last few weeks. more

US House and Senate Democratic Leaders Announce Bill to Restore Federal Net Neutrality Rules

The United States House and Senate Democratic leaders are about to unveil new legislation today proposing to restore federal net neutrality rules on Internet providers. more

Trying to Predict Miguel Diaz-Canel’s Internet Policy

I recently gave a short talk that concluded with some speculation on the attitude of Miguel Diaz-Canel, who is expected to replace Raúl Castro next year, toward the Internet. I searched online and came up with three clues -- two talks he has given and one act. In May 2013, Diaz-Canel gave a speech at an educator's conference in which he anticipated today's preoccupation with fake news. He acknowledged the futility of trying to control information. more

Canada Leads World With Net Neutrality Regulatory Framework

There is a difference between rhetorical leadership and actually instituting regulations. As the Canadian Radio-television Telecommunications Commission (CRTC) chair Konrad von Finckenstein said on October 21: "Canada is the first country to develop and implement a comprehensive approach to internet traffic management practices." In a regulatory policy decision, the CRTC affirmed that it already has sufficient legislative authority within Canada's Telecom Act to police discriminatory practices by ISPs. Similar clauses do not exist in US legislation. more

Ed Richards of Ofcom on Net Neutrality

Ed Richards, Chief Executive of Ofcom, was at Columbia today... NN (Net Neutrality) debate does give us insight into importance of disclosure to consumers -- consumers should be able to switch providers, and they should know which ISPs are making prioritization decisions. This should be an obligation of suppliers to communicate this information to consumers. In particular, he says that Ofcom is actively exploring whether network operators whose traffic shaping activities change materially should have to tell consumers -- and if these changes are significant consumers should be allowed to break their contracts with the provider without penalty... more